Application for stay order

Prinka Bhatia (Querist) 07 January 2016 This query is : Resolved
My question is regarding stay order. After my father in laws demise, his property was transferred to my mother in law by default. They have an Imitation Jewellery shop which is handled by my brother in law. My husband also used to be over there but my brother in law fought & removed him. Even we have our jewellery business wherein we do exhibitions but we are not allowed to get into the shop. My mother in law has also warned my husband that dare he enters her shop. But my question is - Isn't there a law wherein father's property has equal rights to all or it's the property's owner who can decide which son to keep & whom to discard. We r not asking for distribution of shop but just if even we can manage our business by getting a place in the shop. Or else both the brothers work together with equal share. Can we put a stay order on the shop in this case??

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P. Venu (Expert) 08 January 2016
What do you mean by "After my father in laws demise, his property was transferred to my mother in law by default"? Had he died intestate i.e. without making a Will? If so, all the properties of your late father in law are vested with the wife and the children. Your husband can demand partition and go for a civil action, if unavoidable.

Rajendra K Goyal (Expert) 08 January 2016
How the property was transferred in the name of mother in law? Whether there was any will/ family settlement / renunciation from other legal heirs.

Discuss with local lawyer and you have to proceed legally for right if they do not agree to give through amicable settlement.

Prinka Bhatia (Querist) 08 January 2016
My father in law has passed away since 6 years without any will. As per BMC's law, the shop has to be in one person's name and both the brothers agreed & signed to transfer it to mother's name. At that time my husband was 22 years old. But now mother supports only the elder son & not the younger one. Even she wants us to vacate from the house. She is trying to harass us a lot because of which we have already filed a complaint.

Prinka Bhatia (Querist) 08 January 2016
Now my mother in law always have a point that this is my property and you can't do anything. She even says that if she wants she can even throw us out. Kindly assist.

Prinka Bhatia (Querist) 09 January 2016
Please respond with an open status until it's fully resolved.

Dr J C Vashista (Expert) 09 January 2016
1. What was the document executed by your 22 years old (then) husband? You will find and agree that a 22 years old person is competant to execute any docuement, if otherwise competant to contract. Show the document executed by your (then) 22 years old husband in favour of his mother (your MIL)to a local prudent lawyer for proper analysis and guidance.
2. Since your husband (younger son of your deceased FIL)along with his elder brother has already relinquished his share in favour of his mother (your MIL) she became sole owner of the property, if there is no other LR of deceased, she (your MIL) is well within her right to ask your husband to vacate and/or "no interference" in the business/shop/premises.
3. What is the ingredient of "BMC law", if any, as stated by you? Obviously BMC Law cannot prevail Hindu Succession Act, 1956 (a Central Act).
4. Consult a local lawyer, you are still missing numerous vital information in this post for proper opinion and advise.

P. Venu (Expert) 09 January 2016
On the death of the father, the property came vested with the mother and the children jointly. The procedure whereby the property has been recorded in the name of the mother the Municipal records need not entail that she has become the sole owner unless the children, esp. your husband, had relinquished their share through a registered deed.Please verify.

Application for stay order

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